Wambach v. Grand Lodge
Supreme Court of Iowa
Appeal from Ramillón District Court. — Hon. J. L. Stevens, Judge. Action on a beneficiary certificate. Judgment for the plaintiff, and the defendant appealed.
1Opinion of the CourtGranger, J.
It is suggested by the appellee that the abstract is an affirmative showing that the court is without jurisdiction. An appeal must betaken “within six months from the rendition of the judgment or order appealed from; not afterwards.” Code, section 3173. Time, in taking an appeal, is a jurisdictional fact. It must affirmatively appear. Where the jurisdictional facts do not appear, the appeal, must be dismissed. Plummer v. People’s Nat. Bank, 74 Iowa, 731. Appearance does not cure the defect. State ex rel. v. Clossner, 84 Iowa, 401, and authorities there cited. The abstract shows that upon the…
2Cases cited2 opinions
- Plummer v. People's National Bank of IndependenceSupreme Court of Iowa · 1887
- State ex rel. Farrell v. ClossnerSupreme Court of Iowa · 1892
3Cited by3 opinions
- Mueller Lumber Co. v. McCaffreySupreme Court of Iowa · 1908
- McLaughlin v. J. C. Hubinger Bros.Supreme Court of Iowa · 1907
- Jahr v. SteffenSupreme Court of Iowa · 1919